Ex-Spouse Benefits And How They Affect You
Reading Time: 2 MinutesLast Updated: February 15, 2018
Just like during tax season, it’s good to have all the information you need early so you can prepare and get any money you are due.
If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on his or her record. To be eligible, you must have been married to your ex-spouse for 10 years or more. If you have since remarried, you can’t collect benefits on your former spouse’s record unless your later marriage ended by annulment, divorce, or death. Also, if you’re entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse’s work. In other words, we’ll pay the higher of the two benefits for which you’re eligible, but not both.
You can apply for benefits on your former spouse’s record even if he or she hasn’t retired, as long as you divorced at least two years before applying. If, however, you decide to wait until full retirement age to apply as a divorced spouse, your benefit will be equal to half of your ex-spouse’s full retirement amount or disability benefit. The same rules apply for a deceased former spouse.
The amount of benefits you get has no effect on the benefits of your ex-spouse and his or her current spouse. Visit Retirement Planner: If You Are Divorced to find all the eligibility requirements you must meet to apply as a divorced spouse. Our benefits planner gives you an idea of your monthly benefit amount. If your ex-spouse died after you divorced, you may still quality for widow’s benefits. You’ll find information about that in a note at the bottom of the website.
Visit Retirement Planner: If You Are Divorced today to learn whether you’re eligible for benefits on your ex-spouse’s record. That could mean a considerable amount of monthly income. What you learn may bring a smile to your face … even on tax day!
Did you find this Information helpful?
About the Author
Jim Borland, Acting Deputy Commissioner for Communications
Jim Borland, Acting Deputy Commissioner for Communications
Comments
Comments are closed.
Brianna O.
Hi guys, if you need any help to get back your ex lover Email Lord Zakuza on: doctorzakuzaspelltemple@hotmail. com
jaculin g.
My name is Jaculin Pantelis. My husband passed away and I received for awhile window’s pension. I did not receive his Form SSA-1099, please I need that for our income taxes. Can you please help me. Thank you. I did receive mine when I was working only, not the 2nd one. Thank you
A.C.
Hi, Jaculin. The SSA-1099 is mailed by January 31 each year. If for any reason you do not receive your SSA-1099 in the mail by then, starting on February 1, 2019, you can request a replacement SSA-1099/1042S for Tax Year 2018 by using your personal my Social Security account. If you are referring to your husband’s 1099 and it doesn’t arrive soon, you can visit your local Social Security office to request a copy. Thanks.
Edith T.
How can a person who is 100 percent disable in new youk get dropped to 30 percent in indiana. 100 percent is 100 percent. Then when they get married they are cut off completely.
Stacy
My ex husband of 25 years just passed away. My divorce was just finalized in March of 2018. He was 48 years old. I am being told that I possibly would be entitled to some sort of Survivor benefits? If this is true, could you please tell me how to go about this
K.O.
Hello Stacy. A widow or a surviving divorced spouse of persons who worked long enough under Social Security may be eligible for reduced benefits at age 60 (age 50 if they are disabled). In your case, you may be eligible for benefits if you are between ages 50 and 60 and you meet the definition of disability for adults, and the disability started before the worker’s death or within seven years after the worker’s death.
Currently, we do not offer an online application for survivors’ benefits. If you have specific questions about your case or wish to apply for survivors benefits, please call our toll free number at: 1-800-772-1213 and ask for a representative. Generally, you will have a shorter wait time if you call later during the day, or later in the week. Or you may contact your local Social Security office directly.
We hope this information helps!
Claudette J.
I receive s.s. Disability benefits, I’m divorced but was married 25 years. Can I receive part of my ex’s social security benefits? He is retired. Do I then loose my disability benefits
K.O.
Hello Claudette. We typically explore other possible eligibility that could yield you a higher benefit amount during your initial interview to apply for any Social Security benefits.
If you are divorced, and your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if they have remarried) if:
• You are unmarried;
• You are age 62 or older;
• Your ex-spouse is entitled to Social Security retirement or disability benefits; and
• The benefit you are currently receiving based on your own work (disability benefits) is less than the benefit you would receive based on your ex-spouse’s work.
See “If You Are Divorced” for complete information.
Please call our toll free number at 1-800-772-1213 for further assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
Thanks!
A.C.
Hi, Claudette. In addition to be of age (62 or older), here are the other requirements for you to receive benefits, if you are divorced:
• You are unmarried;
• You were married to your ex-spouse for at least 10 years;
• Your ex-spouse is entitled to Social Security retirement or disability benefits and,
• The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work. This means that if you are eligible for retirement benefits on your own record, we will pay that amount first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on that record so that the combination of benefits equals that higher amount. For more information, you can check out our Retirement Planner: If You Are Divorced webpage. We hope this helps.
Joan
Am I entitled to my ex husband of 8 years who is now deceased, SSI benefits?
He never re married
Janice
I was married to my first husband for 18 years and he passed away at age 49. My second husband after being married for 33 years just passed away st age 83. I am 73 and we both collected social security. Which would I collect social security from and if I collected from 2nd husband would I get all of his or just a portion?
K.O.
Hi Janice, we are very sorry for your loss. Your survivor amount is based on your deceased spouse’s earnings. The more he paid into Social Security, the higher your widow’s benefit will be. If he was receiving reduced benefits when he passed away, the survivors benefit is based on that amount.
If you are receiving retirement benefits on your own record, you can only apply for benefits as a widower if your retirement benefit amount is less than the benefits you would receive as a survivor.
As for receiving benefits on your first husband, you cannot receive a widow’s benefits if you remarried before age 60 (age 50 if disabled).
See our Survivors Planner for more information. We hope this helps. Thanks.
Brenda
Do you have too be 62 in order to collect from a ex
Your M.
I bet it will put a smile on my mom’s face to continue to torment my dad by taking half of what he worked hard for while she sat on her lazy butt while sleeping with my older sister’s friends…..
Debbie C.
My current husband has an illness that will cause him to die in the next year or sooner when I turn 66 can I receive benefits from my ex spouse whom I was married to for 26 years?